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Irene1978
Contributor

8 Posts

Posted - 08 March 2018 :  19:15:53  Show Profile  Reply with Quote
Hi my mum is 3 yrs 7 mths into a TD and Iíve always been 3rd party and paid it as it was my fault she was in the debt in the 1st place. A couple monhhs ago she took it back as I couldnít afford it anymore as with 3 young kids and solely on benefits myself itís hardbut when she went to make her 3rd payment they refused to take it saying a red flag came up cos sheís on benefits and they canít accept it. She allows me upset and obviously I was like well Iíve paid of for 3 a half yrs on benefits which is nearly £7000.
I phoned the TD and told them we wanted to pay it and they said it was illegal and I said well itís been illegal for all that time, they are going to fail it which is so wrong with it being so close to the end, and with paying so much of it as the total debt was only £12000. Please someone tell me something that I can do

Irene farrell

Kevin Mapstone
Trust Deed Expert



3625 Posts

Posted - 08 March 2018 :  20:24:49  Show Profile  Reply with Quote
Are they saying they won't accept payments from you any longer too then Irene?

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Irene1978
Contributor

8 Posts

Posted - 09 March 2018 :  08:31:04  Show Profile  Reply with Quote
Yeah because Iím on benefits to they said they canít accept them from me either. Iím just so annoyed after paying all this money that they say the only option is bankruptcy. They said due to new regulations there is no other options

Irene farrell
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TDA (Debt Adviser)
Trust Deed Expert



12692 Posts

Posted - 09 March 2018 :  10:19:50  Show Profile  Reply with Quote
Just to check Irene1978, have you been entirely reliant on benefit income for the whole period that you have been funding this payment?

Was it agreed with the trustee at the start that you would be making this payment?

Was it you making the payment directly to the trustee, or have you been providing the funds to your mum to make the payment?

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Irene1978
Contributor

8 Posts

Posted - 09 March 2018 :  10:44:03  Show Profile  Reply with Quote
I was making payments to the trustee and Iíve not been benefit reliant the whole time. I was working at the start then had a major operation November 2015 and havenít managed back to work and now a single parent to 3 Yong kids and also got sever anxiety issues so I am currently under a psychologist and psychiatrist

Irene farrell
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Irene1978
Contributor

8 Posts

Posted - 09 March 2018 :  10:45:32  Show Profile  Reply with Quote
We did agree at the start of the TD that I would make the payments

Irene farrell
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Kevin Mapstone
Trust Deed Expert



3625 Posts

Posted - 09 March 2018 :  13:24:15  Show Profile  Reply with Quote
Is there nobody else that the last few payments can come from at all? It does seem a real shame that the Trust Deed should be failed at this late stage.

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Irene1978
Contributor

8 Posts

Posted - 09 March 2018 :  14:04:28  Show Profile  Reply with Quote
There is only me and my mum and I have explained this to them. Is there really nothing else that can be done considering my mum is disabled and her age and the fact we have paid so much and also the fact Iíve paid it while being on benefits

Irene farrell
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TDA (Debt Adviser)
Trust Deed Expert



12692 Posts

Posted - 09 March 2018 :  14:23:03  Show Profile  Reply with Quote
Hi Irene1978.

Trustees are only allowed to take contributions from private sources of income. Their hands are pretty much tied on this.

As Kevin mentioned, if there was any possibility at all that someone could step in to help for the last few months this could solve the problem. I do recognise that you've said this isn't possible.

Another thought I've had is, if the trust deed is definitely going fail, whether the contributions that you have paid from benefits should be refunded to you now.

If you receive a lump sum refund it might be possible to informally negotiate settlements with your mum's creditors.

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Edited by - TDA (Debt Adviser) on 09 March 2018 14:28:39
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Irene1978
Contributor

8 Posts

Posted - 10 March 2018 :  00:58:31  Show Profile  Reply with Quote
I asked for it to be refunded back to me and was told no as they said I never told them I was on benefits but they never asked about my income as it was my TD. Which I also think is really wrong as if I have been paying that illegal pi should be entitled to if back

Irene farrell
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silly
Frequent Contributor

33 Posts

Posted - 11 March 2018 :  18:55:19  Show Profile  Reply with Quote
This is shocking. I thought TD was to help people but it appears not. Surely there should be protections in place also for the debtors, certainly when they are not shying away from their responsibilities. Irene I hope you get something sorted out.
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Irene1978
Contributor

8 Posts

Posted - 11 March 2018 :  20:24:13  Show Profile  Reply with Quote
I donít know what to do next, can anyone help?

Irene farrell
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Voice of Reason
Advanced Contributor

116 Posts

Posted - 12 March 2018 :  08:49:48  Show Profile  Reply with Quote
I would consider advising the Trustee that it is your intention to raise this matter with his regulatory body. The specific regulatory body he will belong to should be detailed on any correspondence received by your mother in relation to her Trust Deed.

In addition, as you were providing the funds, in that same complaint you could consider asking if they ever carried out required money laundering checks on you given that you were the source of funds.
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TDA (Debt Adviser)
Trust Deed Expert



12692 Posts

Posted - 12 March 2018 :  08:55:35  Show Profile  Reply with Quote
Hi Irene1978.

As Voice of Reason has stated, it might be worthwhile pushing a little harder here.

I personally struggle to understand an argument that says we cannot accept from money you because it's from benefits but at the same time we're going to keep money already paid that we now know to be from benefits.

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Kevin Mapstone
Trust Deed Expert



3625 Posts

Posted - 12 March 2018 :  15:06:30  Show Profile  Reply with Quote
I agree, it is up to them to check what the source of the funds is - as long as you have been completely up front then why should you be out of pocket if they didn't ask you the question??

I can't see that they can logically hold their current position and maybe a threat of a formal complaint to the trustee's regulatory body, carried through if necessary, may produce a better outcome for you and your mum.

The Accountant in Bankruptcy's office may be interested in the circumstances of this too. If it seems you aren't getting anywhere then I think it could be worth calling them to ask their opinion, as they are able to make specific directions to Trustees about how to administer a Trust Deed.

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Irene1978
Contributor

8 Posts

Posted - 13 March 2018 :  07:09:56  Show Profile  Reply with Quote
Thanks everyone I will get on to everyone today and let you all know what the day

Irene farrell
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